The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the cutting of 992 acres of virgin forest for a mining project in Sandur, Ballari district, Karnataka.
The Petition is registered suo-moto on the basis of the news item dated 17.06.2024.
As per the article, the project proposed by a company, has received the green signal for operationalising the mine from the Industries and Steel Ministry. The said project will involve cutting down almost 99,000 trees including 300 types of medicinal plants.
The article alleges that this development is another blow to the mining-ravaged region and a reflection of the prioritisation of profits over conservation and public health.
The article highlights that between June 2019 and February 2020, the proposal to dig up the hilly forest region to mine iron and manganese ore was rejected by the Forest Department at four levels. In fact, the sheer scale of destruction of forests had prompted the forest department to request the government not to consider fresh forest areas for mining purpose till detailed exercise is undertaken in the state for mapping the mineral resources within and outside forest area” and to prioritise exploitation of minerals outside forest areas.
It is stated that the loss of the 992 acres of forest on the hill ridge would cause severe soil erosion and will have a negative effect locally. “About 8,000 hectares (20,000 acres) of the 32,000 hectares of Sandur’s forest area have already been leased out and broken open for iron ore mining. It may not be advisable for the time being to approve diversion of such forests for mining. However, the state government overruled the department’s objections and recommended the project.
The Ministry of Environment, Forests and Climate Change (MoEF&CC) gave final approval in 2022. The approval came amid a pending case in the Karnataka High Court. As per the year-wise land use plan submitted by the KIOCL, the first five years of the project will involve clearing 21,259 trees in 293 acres. The article claims that the area has lost most of its greenery and is left with serious health issues caused by the pollution left behind by the mining lobbies.
The above matter indicated Bench violation of the provisions of the provisions of the Environment Protection Act, 1986 and the Forest Conservation Act, 1980.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Principal Chief Conservator of Forest, Karnataka Karnataka Forest Department, Government of Karnataka.
ii. Ministry of Environment, Forest and Climate Change, Through its Regional Office Ministry of Environment, Forest and Climate Change.
iii. Karnataka State Pollution Control Board .
iv. District Magistrate, Ballari .
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai, therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 11.09.2024.